Open Letter to Broward College President J. David Armstrong

April 5, 2011. UFF chapter and Faculty Senate seek administrator’s position on proposed
elimination of tenure and multi-year contracts

___________________ _________________

From: Teresa Hodge
Sent: Monday, April 04, 2011 9:33 AM
To: J. David Armstrong
Cc: BC; Will.Holcombe@fldoe.org
Subject: PRESIDENT ARMSTRONG - TENURE BILL - PLEASE RESPOND ASAP
  
Friday, April 1, 2011
  
Dear President Armstrong,
Since a bill in the Florida House of Representatives that removes tenure from 
Florida statutes has been proposed, and is rapidly moving forward, we as faculty 
leaders, on behalf of many hundreds of devoted and deeply concerned Broward 
College faculty, staff, administrators, and students, respectfully request 
information about your position on the bill and urge that a public statement be 
made to us and the rest of the Broward College family.
HB 7193 (attached), initially submitted as PCB KCOS 11-03 (also attached), 
appeared suddenly and unexpectedly when it was filed on Friday, 3/25/11.  It has 
been voted upon by the K-20 Competitiveness Subcommittee and will soon be heard 
in the full Education Committee.
It is believed that, if passed, the bill would have massive repercussions for 
the future of Florida’s college system that might damage the SACS accreditation 
status of our colleges, and the ability of the colleges to employ and retain 
faculty and personnel. On the American Association of University Professors 
website is a statement that clarifies the definition and purpose of tenure, 
especially its role in the preservation of academic freedom. The link is 
http://www.aaup.org/AAUP/pubsres/policydocs/contents/1940statement.htm.
HB 7193 essentially does three things:
(a) it proposes the dismantling of tenure, multi-year contracts, and continuing 
contracts throughout the Florida college system (per Lines 151-153 of the bill, 
which we have attached to this e-mail along with other relevant documentation);
(b) it requires that “all new personnel newly hired on or after July 1, 2011, by 
a Florida College System institution board of trustees shall be classified as 
administrative, instructional, or educational support personnel and shall be 
awarded a probationary contract” before even becoming eligible for an annual 
contract that one “may [or may not] be awarded” (per Lines 118-122 and 
132-138+);
(c) it makes it illegal for Florida colleges to offer employment contracts of a 
duration longer than one year for all Florida college system personnel 
categories (i.e., in BC vernacular that means all faculty, all PTS, all 
administrators… everyone) … with the sole exception being your presidential 
contract and that of the other 27 Florida college system presidents (per Lines 
147-150).
Within 96 hours of its being filed, the bill was approved by the fifteen-member 
K-20 Competitiveness Subcommittee by a vote of 8 to 4, with 3 not voting 
(attached). The vote was taken after only about an hour of subcommittee 
debate/discussion and after only hearing testimony from five individuals.
The bill’s sponsor, Rep. Erik Fresen (R-Miami), a land-use consultant who is 
also the Chair of the K-20 Competitiveness Subcommittee, brought the bill before 
his 15-member subcommittee this past Tuesday (3/29/11).
During his presentation of the bill, Rep. Fresen was asked by Rep. Reggie 
Fulwood (D-Jacksonville), whether he had “actually had a conversation with the 
Florida College System and [whether] this [is] a bill that they support or feel 
is needed.” In a very cautious, categorical response, Rep. Fresen replied that 
he has had “several conversations with individual” Florida college presidents 
who are supportive of the bill, but he did not name these presidents nor 
quantify how many.
Based upon his testimony and other news reports, it appears that Rep. Fresen 
never held discussions with the Florida College Presidents Council nor 
Chancellor Holcombe. Is that a correct or incorrect inference?
HB 7193 was slated to be on the Education Committee’s agenda last Thursday 
(3/31/11), but that meeting has been rescheduled for Tuesday, April 5, 2011. 
Since HB7193 seems to be moving very quickly through the House, concerned 
faculty and other BC employees, wish to know your position on the bill.
Consequently, it is crucial that the hundreds upon hundreds of extremely worried 
BC employees know where our institution’s President stands on this vital issue, 
especially in light of the fact that
  
·         Broward College is among Florida’s largest and most prominent state 
colleges;
  
·         you, President Armstrong, have a long history and strong name 
recognition in Tallahassee political circles;
  
·         you were appointed several months ago to then-Governor-elect Rick 
Scott’s education transition team; and, most of all,
  
·         Broward (Community) College’s institutional culture historically has 
been one where our College President and his leadership/lobbying team frequently 
sought and valued broad-based interaction with (and input from) PTS, faculty, 
and administrators at all levels.
Knowing your position on the matter before next Tuesday’s hearing will help 
improve employee morale, broaden employees’ perspectives on this issue, and, in 
so doing, help employees better formulate their individual and collective 
lobbying efforts on HB 7193, no matter whether one supports or opposes the bill. 
It is our hope to have a constructive and substantive dialogue that includes the 
policy research, proposals, and perspective of BC employees.
Please respond to the following questions that have been asked by faculty 
members and other employees regarding the bill.
  
·         Do you support or oppose the continuation of tenure and multi-year 
employment contracts for Florida college system employees; most notably, 
faculty?
  
·         What is the rationale for not having published a public statement 
about this issue thus far? Please consider publishing a press release before 
Tuesday’s meeting of the House’s Education Committee.
  
·         Are you among the college presidents Rep. Fresen cites as having been 
consulted about HB 7193? If so, what advice have you provided him and other 
legislators on this issue? Has he discussed the matter with any other 
Administrators or Trustees at Broward College?
During and since that meeting on Tuesday, several Florida college system leaders 
have shared their views publicly, both pro and con. Michael Brawer, Executive 
Director/CEO of the Association of Florida Colleges, has taken a strong stance 
in opposition to HB 7193. We credit those individuals, regardless of their 
views, for displaying the courage of their convictions. Will the Florida College 
Presidents Council and/or Chancellor Holcombe soon be taking an official public 
stance on HB 7193? If not, why not?
Respectfully, we thank you, President Armstrong, in advance for your prompt and 
written attention to this urgent informational request. A public written 
response will mean so much to so many loyal BC employees, their families, their 
futures, our students’ futures, and the future of our state.
  
  
Cordially,
  
President Damon Davis
Current UFF-BC President
  
President Jim Lansing
Current BC Faculty Senate President
  
President Teresa M. Hodge
UFF-BC President Elect
  
Primary Documentation Source: http://www.myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?SessionId=66&CommitteeId=2609
  
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